Author Archives: asknod

About asknod

VA claims blogger

CAVC–Equitable Tolling–Serious as a Heart Attack

Posted on September 27, 2011 by asknod

Keep this in mind if you appeal an adverse decision of the BVA to the CAVC. Mr. William E. McCreary went through a hurricane (Katrina). It damaged his house and belongings. In spite of his pleas to the CAVC to accept … Continue reading →

CAVC–Edwards v. Shinseki–Don’t call us.(We’ll call you)

Posted on September 27, 2011 by asknod

Every once in a lifetime, you run across the guy who just will not give up. I’m sure the majority of you know at least one of these Type AAA personalities. They are generally good souls, but often horribly, almost … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged Help with vA Claims, Service Connection | Leave a comment

CAVC–SJD– Hep. Ruling

Posted on September 27, 2011 by asknod

Here’s an interesting decision by a single judge(Greene) on the propriety of Mr. Curtis Scott’s BVA decision denying SC for Hep. It seems the VARO, in its haste to deny him, overlooked two thirds of his claimed risk factors and … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged HCV, Jetguns, Service Connection | Leave a comment

CAVC– Shade v. Shinseki–New and material evidence

Posted on September 27, 2011 by asknod

Every once in a blue moon, the CAVC has to rebuke the VA Secretary and his gang of BVA and VARO lackeys for getting too aggressive in their rules interpretations. Like an Attention Deficit Disordered child, the CAVC panel is … Continue reading →

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CAVC–Rios v. Mansfield (2007)–Presumption of Regularity

Posted on September 27, 2011 by asknod

For years we have been telling Vets to mail important correspondence to the VA by Certified Mail, Return Receipt Requested (CM3R). There is a reason for this. I have personally had more than one service officer tell me this is … Continue reading →

Posted in Important CAVC/COVA Ruling, Presumption of Regularity | Tagged Help with vA Claims, Service Connection, VA claims | Leave a comment

CAVC– Bouton v. Peake (2008) Re: CUE

Posted on September 27, 2011 by asknod

Here’s a decision that illustrates how CUE works. Keeping in mind that there are three ingredients needed to produce CUE, and that a manifestly different outcome would have ensued, read about Mr. John P. Bouton’s travails with VA … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling | Tagged Help with vA Claims, Service Connection, VA claims | 1 Comment

CAVC–Fagre v.Peake (2008)–Appeal each and every claim

Posted on September 27, 2011 by asknod

Here’s a wonderful type of decision that the Veteran will only see cited once or twice in a lifetime. Larry D. Fagre has appealed an adverse decision of the BVA. He asks for a “reconsideration” of his case and this … Continue reading →

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CAVC–Barton v. Shinseki (2010)– SJD on Hep.

Posted on September 27, 2011 by asknod

This is one of those interesting reads that we love to post for you. In spite of the fact that it is a single judge ruling and has no precedence, it still is refreshing to see the judge lambaste the VLJ … Continue reading →

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CAVC–Mattern v. West (1999)–Holy Grail of Hepatitis Precedent

Posted on September 27, 2011 by asknod

This decision, decided in 1999, is something we have been searching for at AskNOD for quite some time. To wit, a decision on Hepatitis (and by extension, Hepatocellular Carcinoma) that set precedent. As you are aware, to set a precedent … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged cirrhosis, HCV, Service Connection, VA claims | Leave a comment

CAVC & Fed. Cir.–Roberts v. Shinseki (2009) –Dumb and Greedy

Posted on September 27, 2011 by asknod

Imagine you’re very poor or horribly lazy (or both). Then spread a lot of time on your hands very liberally. What do you come up with? A Vet with a half-baked tale of PTSD. Meet Mr. Keith A. Roberts, a … Continue reading →